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DECISION No

DECISION No. 22/2000/QD-BTC OF FEBRUARY 21, 2000 ISSUING THE CHARGE AND FEE RATES FOR PLANT PROTECTION AND QUARANTINE

THE MINISTRY OF FINANCE

Pursuant to the Government�s Decree No. 15/CP of March 2, 1993 on the tasks, powers and State management responsibilities of the ministries and ministerial-level agencies;

Pursuant to the Government�s Decree No. 178/CP of October 28, 1994 on the tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Government�s Decree No. 04/1999/ND-CP of January 30, 1999 on charges and fees belonging to the State budget;

Pursuant to Articles 13 and 14 of the Regulation on the organizational system, specialized inspectorate, dispute settlement and fees and costs for the plant protection and quarantine work, issued together with the Government�s Decree No. 92/CP of November 27, 1993 guiding the implementation of the Ordinance on the Plant Protection and Quarantine;

After consulting the Ministry of Agriculture and Rural Development and at the proposal of the General Director of Tax,

DECIDES:

Article 1.- To issue together with this Decision the Table of charge and fee rates for plant protection and quarantine.

Charges and fees for plant protection and quarantine shall be collected in Vietnam currency. Where a charge or fee rate is prescribed in US dollar (USD), it shall be converted into Vietnam currency at the exchange rate announced by the State Bank of Vietnam at the time of collection; if a foreign organization or individual wishes to pay charge or fee in a foreign currency, it/she/he can pay in USD at the prescribed rate.

Article 2.- Payers of charges and fees for plant protection and quarantine at the rates prescribed in Article 1 of this Decision are organizations and individuals that are provided with plant protection and quarantine by competent State agencies according to the provisions of law, except for the following cases which are exempt from charge or fee payment:

1. Quarantine of vegetable products hand-carried during the journey time.

2. Quarantine of flower bunches or wreaths according to diplomatic protocol upon entry or exit.

3. Quarantine of plant variety lots of small weight used for scientific and technical research or exchange (for non-business purposes) under decisions of the Minister of Agriculture and Rural Development.

Particularly the service for controlling organisms harmful to plant resources at cooperatives under the Cooperatives Law shall be subject to separate regulations.

Article 3.- The agencies collecting plant protection and quarantine charges and fees are allowed to deduct part of the collected charges and fees before remitting them into the State budget to fund the plant protection and quarantine activities as well as the organization of the charge and fee collection according to their estimates already approved by the competent authorities after having the written consent of the financial agency of the same level, given that the deducted amount must not exceed 80% (eighty per cent) of the collected charges and fees and the remainder (at least 20%) must be remitted into the State budget.

The agencies collecting plant protection and quarantine charges and fees shall have to organize the charge and fee collection, declare, remit, manage the use of, and settle the charges and fees collected in strict compliance with the provisions in the Finance Ministry�s Circular No. 54/1999/TT-BTC of May 10, 1999 guiding the implementation of the Government�s Decree No. 04/1999/ND-CP of January 30, 1999 on charges and fees belonging to the State budget.

Article 4.- This Decision takes effect 15 days after its signing. All regulations on plant protection and quarantine charges and fees contrary to this Decision are now annulled.

Article 5.- Organizations and individuals that have to pay plant protection and quarantine charges and fees, units assigned to organize the collection of plant protection and quarantine charges and fees and related agencies shall have to implement this Decision.

For the Minister of Finance

Vice Minister
Pham Van Trong

TABLE OF PLANT PROTECTION AND QUARANTINE CHARGE AND FEE RATES

(Issued together with the Finance Minister�s Decision No. 22/2000/QD-BTC of February 21, 2000)

I. Fees for evaluation and granting of permits for import, export of and trading in plant protection drugs and for practicing sterilization

1. Evaluation and granting of permits for trading in plant protection drugs:

Fee rate for one granting

Ordinal Norms Domestic organizations Foreign organizations
Number and individuals, and individuals and

including foreign- overseas Vietnamese,

invested enterprises excluding foreign- (in 1,000 dong) invested enterprises

in Vietnam (in USD)

1 Evaluation and granting of papers

of registration and examination of plant

protection drugs for restricted use 600 150

2 Evaluation and granting of papers of

registration and examination of plant

protection drugs for extensive use 1,000 200

3 Evaluation and granting of papers of official

registration of plant protection drugs 3,000 500

4 Granting of papers of additional registration

of plant protection drugs (for each form

of addition) 600 150

5 Evaluation and granting of papers of re-

registration of plant protection drugs and

extension of registration papers 600 150

6 Evaluation of technical conditions and 2,000 500

granting of certificates of eligibility for

production, processing, bottling and/or

packaging plant protection drugs

7 Evaluation of technical conditions and 500 Subject to

granting of permits for trading in plant separate regulations

protection drugs

8 Evaluation and granting of permits for 500 Subject to separate

practicing plant protection regulations

2. Granting of permits for practicing sterilization

Norms Fee rate for one granting (in 1,000 dong)

1. Self-sterilization of one�s own objects 1,000

2. Sterilization of local goods 1,500

3. Sterilization of import and export goods 2,500

Permits for practicing sterilization have a term of 5 years. When a permit expires and a new permit is granted, a fee equal to 50% of the fee level for first-time granting shall be collected.

II. Charges for inspection of plant protection drugs and plant quarantine:

1. Inspection of plant protection drugs:

Ordinal Norms Domestic organizations Foreign organizations
Number and individuals, and individuals and

including foreign- overseas Vietnamese,

invested enterprises excluding foreign- (in 1,000 dong) invested enterprises

in Vietnam (in USD)

1 Inspection and granting of quality certificates

of plant protection drugs (excluding imported

and exported ones):

a. Quantitative analysis of plant protection drugs 200/1 active ingredient 30/ 1 active ingredient

(or 1 impurity) (or 1 impurity)

b. Qualitative analysis of plant protection drugs 400/ 1 impurity 60/ 1 impurity

c. Quantitative and qualitative analysis 550/ 1 active 80/ 1 active

of plant protection drugs ingredient ingredient

d. Quantitative analysis of herbal medicines 300/ 1 active 50/ 1 active

or those with active ingredient of Validamicin ingredient ingredient

A or rodenticides

e. Determination of physio - chemical

properties:

- Driftiness rate or durability during preservation 200/ 1 norm 30/ 1 norm

- Other properties 50/1 norm 8/ 1 norm

2 Registration for inspection, sampling, 0.1% (at least 300, 0.1% (at least 30,

inspection and granting of certificates of at most 20,000) at most 2,000)

quality of imported or exported plant

protection drugs

3 Inspection and granting of certificates of

residual quantities of plant protection drugs:

- 1 norm/1 sample 300 50

- The second norm onward (of the same drug 150/ 1 norm 20/ 1 norm

category) / 1 sample

4 Sampling expenses include: travel cost, According to reasonable actual spendings

sampling cost, sampling devices and sample

containers (not applicable to drugs imported

or exported under Decree No. 86-CP)

5 Testing of new plant protection drugs:

- Narrow testing (one kind of drug, one kind 5,500 700

of epidemic, one place, one kind of plant,

3-5 formulas, 3-4 times, an acreage of 25-50 m2 ).

- Wide testing (1 kind of drug, one kind of 5,000 600

epidemic, one place, one kind of plant,

4 formulas at most, minimum acreage of 300 m2).

2. Plant quarantine:

a. For lots of small weight:

Norms Quarantine charges (in 1,000 dong)

1. Lots of commercial goods: < 1 kg 10

1 - 10 kg 30

> 10 kg According to Item b

2. Lots of goods used for breeding: � 1 kg 90

> 1 kg According to Item b

3. For lots of goods being plant strains, grafts,

grafted stems, provines: � 10 specimens 15

11 - 100 specimens 40

101 - 1,000 specimens 80

> 1,000 specimen 150

Lots of plant strains used for scientific and technical research, which are exempt from fees, include the following cases: � 01 kg (seeds), � 10 specimens (grafts, grafted stems, provines, root strains) for one kind of plant strain upon each import or export.

Particularly for lots weighing � 0.1 kg (seeds), �10 specimens ( grafts, grafted stems, root strains) of different kinds of strains shall be subject to a plant quarantine charge equal to that for one whole lot.

b. For lots of heavy weight

Weight of goods lot (in tons, m3)

Fee rate (in 1,000 dong)

Inspection

Analysis and inspection

Papers

and gathering of harmful organism

Samp ling

Insects

Fungus

Parasites

Weed

Bacteria

Total

< 1 8 8 10 30 50 40 30 100 276

1 - 5 8 10 15 30 50 40 30 100 283

6 - 10 8 12 20 30 50 40 30 100 290

11 - 15 8 14 25 30 50 40 30 100 297

16 - 20 8 16 30 30 50 40 30 100 304

21 - 25 8 18 35 30 50 40 30 100 311

26 - 30 8 20 40 30 50 40 30 100 318

31 - 35 8 22 45 30 50 40 30 100 325

36 - 40 8 24 50 30 50 40 30 100 332

41 - 45 8 26 55 30 50 40 30 100 339

46 - 50 8 28 60 30 50 40 30 100 346

51 - 60 8 35 70 30 50 40 30 100 363

61 - 70 8 40 75 30 50 40 30 100 373

71 - 80 8 45 80 30 50 40 30 100 383

81 - 90 8 50 85 30 50 40 30 100 393

91 - 100 8 55 90 30 50 40 30 100 403

101- 120 8 60 100 30 50 40 30 100 418

121- 140 8 65 105 30 50 40 30 100 428

141-160 8 70 110 30 50 40 30 100 438

161-180 8 75 115 30 50 40 30 100 448

181-200 8 80 120 30 50 40 30 100 458

201-230 8 90 130 30 50 40 30 100 478

231-260 8 95 135 30 50 40 30 100 488

261-290 8 100 140 30 50 40 30 100 498

291-320 8 105 145 30 50 40 30 100 508

321-350 8 110 150 30 50 40 30 100 518

351-400 8 115 155 30 50 40 30 100 528

401-450 8 120 160 30 50 40 30 100 538

451-500 8 125 165 30 50 40 30 100 548

- The quarantine charge may also include the actual reasonable expense for traveling to the place of taking samples and inspection of objects subject to plant quarantine.

- Charges are collected according to the norms of analysis and inspection actually conducted.

- Expenses for growing, monitoring, examining and quarantine of imported plants in the nursery for a certain kind of plants are actually paid expenses.

c/ Lots weighing more than 500 (tons, m3) shall be classified according to lots in ship holds or warehouses for quarantine and calculation of quarantine charge, or apart from the quarantine charge paid for the lot weighing 500 tons, m3 an additional quarantine charge shall be collected for the amount in excess of 500 (tons, m3) (the paper charge for the whole lot remains unchanged).

d/ Foreign organizations and individuals and overseas Vietnamese (excluding foreign-invested enterprises in Vietnam) shall have to pay a surcharge equal to 100% of the levels prescribed in this Appendix.

e/ The fee for supervision and inspection of the sterilization of objects subject to plant quarantine shall be equal to 30% of the charge level prescribed in this Appendix. �